II 

118TH CONGRESS 

2D SESSION S. 5289 

To direct the Secretary of Agriculture and the Secretary of the Interior 

to carry out activities to provide for white oak restoration, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 25, 2024 

Mr. MCCONNELL (for himself and Mr. WARNER) introduced the following bill; 

which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To direct the Secretary of Agriculture and the Secretary 

of the Interior to carry out activities to provide for 

white oak restoration, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘White Oak Resilience 

5 Act of 2024’’. 

6 SEC. 2. DEFINITION OF LAND-GRANT COLLEGE OR UNIVER7 SITY. 

8 In this Act, the term ‘‘land-grant college or univer9 sity’’ means— 


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1 (1) an 1862 Institution (as defined in section 2 

2 of the Agricultural Research, Extension, and Edu3 cation Reform Act of 1998 (7 U.S.C. 7601)); 

4 (2) an 1890 Institution (as defined in that sec5 tion); and 

6 (3) a 1994 Institution (as defined in section 

7 532 of the Equity in Educational Land-Grant Sta8 tus Act of 1994 (7 U.S.C. 301 note; Public Law 

9 103–382)). 

10 SEC. 3. WHITE OAK RESTORATION INITIATIVE COALITION. 

11 (a) IN GENERAL.—There is established the White 

12 Oak Restoration Initiative Coalition (referred to in this 

13 section as the ‘‘Coalition’’)— 

14 (1) as a voluntary collaborative group of public, 

15 State, private, and nongovernmental organizations to 

16 carry out the duties described in subsection (b); and 

17 (2) in accordance with the charter entitled 

18 ‘‘White Oak Initiative Coalition Charter’’ adopted by 

19 the White Oak Initiative Board of Directors on 

20 March 21, 2023 (or a successor charter). 

21 (b) DUTIES.—In addition to the duties specified in 

22 the charter described in subsection (a)(2), the duties of 

23 the Coalition are— 


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1 (1) to coordinate public, State, local, private, 

2 and nongovernmental restoration of white oak in the 

3 United States; 

4 (2) to make program and policy recommenda5 tions with respect to— 

6 (A) changes necessary to address Federal 

7 and State policies that impede activities to im8 prove the health, resiliency, and natural regen9 eration of white oak; 

10 (B) adopting or modifying Federal and 

11 State policies to increase the pace and scale of 

12 white oak regeneration and resiliency of white 

13 oak; 

14 (C) options to enhance communication, co15 ordination, and collaboration between forest 

16 land owners, particularly for cross-boundary 

17 projects, to improve the health, resiliency, and 

18 natural regeneration of white oak; 

19 (D) research gaps that should be ad20 dressed to improve the best available science on 

21 white oak; 

22 (E) outreach to forest landowners with 

23 white oak or white oak regeneration potential; 

24 and 


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1 (F) options and policies necessary to im2 prove the quality and quantity of white oak in 

3 tree nurseries; and 

4 (3) to submit the report under subsection (c). 

5 (c) REPORT.—Not later than 2 years after the date 

6 of enactment of this Act, the Coalition shall submit to the 

7 Committee on Agriculture, Nutrition, and Forestry of the 

8 Senate and the Committee on Natural Resources and the 

9 Committee on Agriculture of the House of Representatives 

10 a report describing the activities of the Coalition during 

11 the period beginning on the date of enactment of this Act, 

12 including the recommendations described in subsection 

13 (b)(2). 

14 (d) ADMINISTRATIVE SUPPORT, TECHNICAL SERV15 ICES, AND STAFF SUPPORT.—The Secretary of the Inte16 rior and the Secretary of Agriculture shall make such per17 sonnel available to the Coalition for administrative sup18 port, technical services, and development and dissemina19 tion of educational materials as the Secretaries determine 

20 to be necessary to carry out this section. 

21 (e) NONAPPLICABILITY OF FEDERAL ADVISORY

22 COMMITTEE ACT.—Chapter 10 of title 5, United States 

23 Code, shall not apply to the Coalition. 

24 (f) PRIVATE FUNDING OF WHITE OAK RESTORATION

25 PROJECTS.—The Secretary of Agriculture may make 


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1 available funds to the Coalition to carry out this section 

2 from funds in the accounts established pursuant to section 

3 1241(f) of the Food Security Act of 1985 (16 U.S.C. 

4 3841(f)). 

5 SEC. 4. FOREST SERVICE PILOT PROGRAM. 

6 (a) IN GENERAL.—The Secretary of Agriculture, act7 ing through the Chief of the Forest Service, shall establish 

8 and carry out 5 pilot projects in national forests to restore 

9 white oak in those national forests through white oak res10 toration and natural regeneration practices. 

11 (b) NATIONAL FORESTS RESERVED OR WITHDRAWN

12 FROM THE PUBLIC DOMAIN.—At least 3 pilot projects re13 quired under subsection (a) shall be carried out in national 

14 forests reserved or withdrawn from the public domain. 

15 (c) AUTHORITY TO ENTER INTO COOPERATIVE

16 AGREEMENTS.—The Secretary of Agriculture may enter 

17 into cooperative agreements to carry out the pilot projects 

18 required under subsection (a). 

19 SEC. 5. DEPARTMENT OF THE INTERIOR WHITE OAK AS20 SESSMENT AND PILOT PROJECTS. 

21 (a) DEFINITIONS.—In this section: 

22 (1) COVERED LAND.—The term ‘‘covered land’’ 

23 means land under the administrative jurisdiction of 

24 the Secretary, including a unit of the National Wild25 life Refuge System and abandoned mine land. 


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1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (b) ASSESSMENT.— 

4 (1) IN GENERAL.—As soon as practicable after 

5 the date of enactment of this Act, the Secretary 

6 shall carry out an assessment of covered land to 

7 evaluate— 

8 (A) whether white oak is present on the 

9 covered land; and 

10 (B) the potential to restore white oak for11 ests on the covered land. 

12 (2) USE OF INFORMATION.—In carrying out the 

13 assessment under paragraph (1), the Secretary may 

14 use information from sources other than the Depart15 ment of the Interior, including information from— 

16 (A) the White Oak Restoration Initiative 

17 Coalition established by section 3(a); and 

18 (B) the Chief of the Forest Service. 

19 (3) REPORT.—Not later than 180 days after 

20 the date of enactment of this Act, the Secretary 

21 shall submit to the appropriate committees of Con22 gress, and make publicly available on the website of 

23 the Department of the Interior, a report describing 

24 the results of the assessment carried out under para25 graph (1). 


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1 (c) PILOT PROJECTS.— 

2 (1) IN GENERAL.—As soon as practicable after 

3 the date on which the Secretary submits the report 

4 required under subsection (b)(3), the Secretary shall 

5 establish and carry out 5 pilot projects on various 

6 areas of covered land, the purpose of which is to re7 store and naturally regenerate white oak. 

8 (2) AUTHORITY TO ENTER INTO COOPERATIVE

9 AGREEMENTS.—The Secretary may enter into coop10 erative agreements to carry out the pilot projects re11 quired under paragraph (1). 

12 SEC. 6. WHITE OAK REGENERATION AND UPLAND OAK 

13 HABITAT. 

14 (a) ESTABLISHMENT.—Not later than 180 days after 

15 the date of enactment of this Act, the Secretary of Agri16 culture (referred to in this section as the ‘‘Secretary’’) 

17 shall establish a nonregulatory program to be known as 

18 the ‘‘White Oak and Upland Oak Habitat Regeneration 

19 Program’’ (referred to in this section as the ‘‘Program’’). 

20 (b) DUTIES.—In carrying out the Program, the Sec21 retary shall— 

22 (1) draw upon the best available science and 

23 management plans for species of white oak to iden24 tify, prioritize, and implement restoration and conVerDate Sep 11 2014 00:54 Oct 17, 2024 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S5289.IS S5289

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1 servation activities that will improve the growth of 

2 white oak within the United States; 

3 (2) collaborate and coordinate with the White 

4 Oak Restoration Initiative Coalition to prioritize 

5 white oak restoration initiatives; 

6 (3) adopt a white oak restoration strategy 

7 that— 

8 (A) supports the implementation of a 

9 shared set of science-based restoration and con10 servation activities developed in accordance with 

11 paragraph (1); 

12 (B) targets cost-effective projects with 

13 measurable results; and 

14 (C) maximizes restoration outcomes with 

15 no net gain of Federal full-time equivalent em16 ployees; and 

17 (4) establish the voluntary grant and technical 

18 assistance program in accordance with subsection 

19 (e). 

20 (c) COORDINATION.—In establishing the Program, 

21 the Secretary, acting through the Chief of the Forest Serv22 ice, shall consult with— 

23 (1) the heads of Federal agencies, including— 

24 (A) the Director of the United States Fish 

25 and Wildlife Service; and 


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1 (B) the Chief of the Natural Resources 

2 Conservation Service; and 

3 (2) the Governor of each State in which res4 toration efforts will be carried out pursuant to the 

5 Program. 

6 (d) PURPOSES.—The purposes of the Program in7 clude— 

8 (1) coordinating restoration and conservation 

9 activities among Federal, State, local, and Tribal en10 tities and conservation partners to address white oak 

11 restoration priorities; 

12 (2) improving and regenerating white oak and 

13 upland oak forests and the wildlife habitat such for14 ests provide; 

15 (3) carrying out coordinated restoration and 

16 conservation activities that lead to the increased 

17 growth of species of white oak in native white oak 

18 regions on Federal, State, Tribal, and private land; 

19 (4) facilitating strategic planning to maximize 

20 the resilience of white oak systems and habitats 

21 under changing climate conditions; 

22 (5) engaging the public through outreach, edu23 cation, and citizen involvement to increase capacity 

24 and support for coordinated restoration and con25 servation activities for species of white oak; and 


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1 (6) increasing scientific capacity to support the 

2 planning, monitoring, and research activities nec3 essary to carry out such coordinated restoration and 

4 conservation activities. 

5 (e) GRANTS AND ASSISTANCE.— 

6 (1) IN GENERAL.—To the extent that funds are 

7 available to carry out this section, the Secretary 

8 shall establish a voluntary grant and technical as9 sistance program (referred to in this subsection as 

10 the ‘‘grant program’’) to achieve the purposes of the 

11 Program described in subsection (d). 

12 (2) ADMINISTRATION.— 

13 (A) IN GENERAL.—The Secretary shall 

14 enter into a cooperative agreement with the Na15 tional Fish and Wildlife Foundation (referred 

16 to in this subsection as the ‘‘Foundation’’) to 

17 manage and administer the grant program. 

18 (B) FUNDING.—After the Secretary enters 

19 into a cooperative agreement with the Founda20 tion under subparagraph (A), the Foundation 

21 shall— 

22 (i) for each fiscal year, receive 

23 amounts to carry out this subsection in an 

24 advance payment of the entire amount on 


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1 October 1, or as soon as practicable there2 after, of that fiscal year; 

3 (ii) invest and reinvest such amounts 

4 for the benefit of the grant program; and 

5 (iii) otherwise administer the grant 

6 program to support partnerships between 

7 the public and private sectors in accord8 ance with this section. 

9 (3) APPLICATION OF NATIONAL FISH AND

10 WILDLIFE FOUNDATION ESTABLISHMENT ACT.— 

11 Amounts received by the Foundation to carry out 

12 the grant program shall be subject to the National 

13 Fish and Wildlife Foundation Establishment Act (16 

14 U.S.C. 3701 et seq.), excluding section 10(a) of that 

15 Act (16 U.S.C. 3709(a)). 

16 SEC. 7. WHITE OAK TREE NURSERY SHORTAGES. 

17 (a) IN GENERAL.—Not later than 1 year after the 

18 date of enactment of this Act, the Secretary of Agri19 culture, acting through the Chief of the Forest Service, 

20 shall develop and implement a national strategy to in21 crease the capacity of Federal, State, Tribal, and private 

22 tree nurseries to address the nationwide shortage of white 

23 oak tree seedlings. 

24 (b) ELEMENTS.—The strategy required under sub25 section (a) shall— 


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1 (1) be based on the best available science and 

2 data, as established by land-grant colleges and uni3 versities that have demonstrated— 

4 (A) scientific expertise relating to white 

5 oak; 

6 (B) the ability to rapidly transfer tech7 nologies to the stave industry; 

8 (C) geographic proximity to concentrated 

9 areas of white oak; and 

10 (D) support for regional economic develop11 ment; and 

12 (2) identify and address— 

13 (A) regional shortages of bareroot and con14 tainer white oak tree seedlings; 

15 (B) regional white oak reforestation oppor16 tunities and the seedling supply necessary to 

17 fulfill those opportunities; 

18 (C) opportunities to enhance white oak 

19 seedling diversity and close gaps in seed inven20 tories; and 

21 (D) barriers to expanding, enhancing, or 

22 creating new infrastructure to increase nursery 

23 capacity for white oak tree seedlings. 


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1 SEC. 8. WHITE OAK RESEARCH. 

2 (a) RESEARCH.—The Secretary of Agriculture, act3 ing through the Chief of the Forest Service, shall enter 

4 into a memorandum of understanding with a land-grant 

5 college or university to conduct research on— 

6 (1) white oak genes with resistance and stress 

7 tolerance; 

8 (2) white oak trees that exhibit vigor for the 

9 purpose of increasing survival and growth; 

10 (3) establishing a diverse white oak seed bank 

11 capable of responding to stressors; 

12 (4) providing a sustainable supply of white oak 

13 seedlings and genetic resources; 

14 (5) reforestation of white oak through natural 

15 and artificial regeneration; and 

16 (6) the best methods for white oak reforestation 

17 on abandoned mine land sites. 

18 (b) CONSULTATION.—In carrying out the research 

19 under subsection (a), the land-grant college or university 

20 may consult with such States, nonprofit organizations, in21 stitutions of higher education, and other scientific bodies 

22 as the land-grant college or university determines to be 

23 appropriate. 

24 SEC. 9. NATIONAL INSTITUTE OF FOOD AND AGRICULTURE. 

25 (a) PARTNERSHIPS.— 


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1 (1) IN GENERAL.—The Secretary of Agri2 culture, acting through the Director of the National 

3 Institute of Food and Agriculture, shall enter into a 

4 partnership with an eligible entity described in para5 graph (2) to conduct research on improving white 

6 oak species resiliency, health, and preservation, in7 cluding research on— 

8 (A) population-scale sequencing; 

9 (B) stress response traits; 

10 (C) seedling physiology and performance; 

11 and 

12 (D) white oak product development. 

13 (2) ELIGIBLE ENTITY.—An eligible entity re14 ferred to in paragraph (1) is a land-grant college or 

15 university that has demonstrated— 

16 (A) scientific expertise relating to white 

17 oak; 

18 (B) the ability to rapidly transfer tech19 nologies to the stave industry; 

20 (C) geographic proximity to concentrated 

21 areas of white oak; and 

22 (D) support for regional economic develop23 ment. 

24 (b) PRIORITIES.—The Secretary of Agriculture, act25 ing through the Director of the National Institute of Food 


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1 and Agriculture, shall prioritize research relating to the 

2 resistance of white oak to disease, pest, heat, and drought 

3 in cultivated, new, and old-growth white oak timber 

4 stands. 

5 SEC. 10. NATURAL RESOURCES CONSERVATION SERVICE 

6 INITIATIVE. 

7 The Secretary of Agriculture, acting through the 

8 Chief of the Natural Resources Conservation Service, shall 

9 establish an initiative on white oak— 

10 (1) to re-establish white oak forests where ap11 propriate; 

12 (2) to improve the management of existing 

13 white oak forests to foster natural regeneration of 

14 white oak; and 

15 (3) to provide technical assistance to private 

16 landowners to re-establish, improve management of, 

17 and naturally regenerate white oak. 

18 SEC. 11. AUTHORITIES. 

19 To the maximum extent practicable, to carry out ac20 tivities under this Act and the amendments made by this 

21 Act, the Secretary of the Interior and the Secretary of Ag22 riculture shall use the authorities provided under this Act 

23 and those amendments, in combination with authorities 

24 under other provisions of law, including— 


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1 (1) good neighbor agreements under section 

2 8206 of the Agricultural Act of 2014 (16 U.S.C. 

3 2113a); and 

4 (2) stewardship contracting projects under sec5 tion 604 of the Healthy Forests Restoration Act of 

6 2003 (16 U.S.C. 6591c). 

Æ 


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